Legal Forms for a Guardianship Matter in Mississippi by lmd11395

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									An Overview of Child Welfare
                  Tom C. Rawlings
       Director, Office of the Child Advocate




    Women’s Legislative Caucus
            Retreat
           Perry, GA
       October 16, 2007
                    Child Protection

   Answer for yourself:
    Is protecting our children society’s most
    important responsibility?
       The progress of a state may be measured by the
        extent it safeguards the rights of its children -- Grace
        Abbott, 1938
       The test of the morality of a society is what it does
        for its children -- Dietrich Bonhoeffer, 1940’s
       There is no more important test of a society than how
        it treats its children -- Ronald Reagan, 1985
       Brief history of child welfare
   Pre-1900: abandoned children
    (―foundlings‖) warehoused in
    ―almshouses‖ and orphanages
   1840-1860: Huge influx of
    immigrants over-populates New
    York City, disrupted family
    structures, tenements, disease
   1853: Charles Lorring Brace
    starts the ―Children’s Aid
    Society‖ of New York
   1854-1930’s: ―Orphan Trains‖
    ferried 150,000+ west
   The Old Ursuline Convent at 112 Chartres Street
    in the French Quarter, built in 1745, is believed to
    be the oldest building in the Mississippi Valley.
    In 1727 twelve women — Ursuline Nuns from
    France — established the first school for girls, ran
    the first free school and the first orphanage and
    held the first classes for African slave and Native
    American girls in what is now the United States.
       Brief history of child welfare
   American West promised pure air, food, work ethic
   Groups of 10-40 children, chosen by families at stops
   Mixed results, OrphanTrainRiders.com
   1994 PBS documentary interviewed orphans
        Brief history of child welfare
   1874: Mary Ellen Wilson, 9,
    abandoned in New York City,
    enslaved, beaten daily by her
    ―foster mother‖
       No laws to protect children, no rights,
        viewed as property
       Etta Wheeler got the American
        Society for the Prevention of Cruelty
        to Animals to go to court
       Brooklyn court took protective
        custody, first ward of the court
   The beginning of the child-
    welfare system as we know it
    today
         Brief history of child welfare
   ―I saw a child brought in … at the sight of
    which men wept aloud, and I heard the
    story of little Mary Ellen told … that stirred
    the soul of a city and roused the
    conscience of a world that had forgotten,
    and as I looked, I knew I was where the
    first chapter of children's rights was being
    written‖ -- Jacob Riis, reporter, photo-journalist
   1875: Society for the Prevention of
    Cruelty to Children chartered by
    Henry Bergh (also ASPCA founder)
   1922: 300+ SPCC chapters
   Mary Ellen was raised by her rescuer’s
    sister, married at 24, 2 children who
    were teachers, died at 92 in 1956.
       Brief history of child welfare
   1899: First Juvenile Court in Cook County, IL; rapid
    expansion, 46 states with juvenile courts by 1915
   1912: Federal government forms the Children’s
    Bureau, begin shift from non-governmental SPCC’s
   1935: Social Security Act, Aid to Dependent Children
    (later AFDC); CB works with state public welfare
    agencies; shift from institutions to foster care
   1929-1962: Shift from publicity-hungry SPCC’s to
    publicity-shy government; confidentiality officially
    hides child welfare from the public; little research or
    professional social-work
       The Traditional Concept:

   Doctrine of ―Parens Patriae,‖ in which
    Court is ―In Loco Parentis‖ for child whose
    parents cannot control.
   Court as Big Daddy
       Brief history of child welfare

   1962: C.H. Kempe publishes ―The battered-child
    syndrome‖ in the Journal of the American
    Medical Association
   1960’s and 1970’s: Explosion of interest in child
    abuse and neglect, medical & social-work
    research
   1969: Protecting the Child Victim of Sex Crimes
    Committed by Adults, Vincent de Francis,
    American Humane Society; research, women’s
    movements, rape reform reveal prevalence of
    child sexual abuse
     Where was the judicial branch
       during these changes?
   Sporadic
   Developing across country…..not standard
   Developed under a contract system—saw
    children still as property
   Also, concepts of ―child protection‖ were
    evolving…parent’s rights v. children’s
    rights…when should the state ―rescue‖…children
    need permanency in a home with a
    family…moving away from institutional care.
           In Re Gault - 1967

 Concept of judicial review was
  emerging
 Case of Gerald Frances Gault pushed
  us down this path
     Recognized the liberty interest in a
      parent being able to raise one’s own
      child
     Concept of due process was applied to
      children
      Aftermath of In Re Gault

 But we didn’t keep teach clinicians the
  value of the law in this field, the role of
  due process and fundamental rights,
  how to investigate a case, or how to
  use evidence in a court of law
 We didn’t teach judges or lawyers
  about child development, children’s
  needs, or psychological issues about
  separating children from their families.
      Brief history of child welfare

   1974: Child Abuse Prevention and
    Treatment Act, foundation of today’s
    federal regulations
   1980: Adoption Assistance and Child
    Welfare Act tied federal dollars to judicial
    oversight
   1993 Family Preservation Act (includes
    Safe and Stable Families funding and Court
    Improvement Projects).
         Brief history of child welfare

   1997 Adoption & Safe Families Act (ASFA)
       Focus of law is on health and safety of the child
       Goal = end ―foster care drift‖ and move children
        into permanent homes more quickly
       Limits number of months child can be in foster
        care before TPR is filed
       Provides financial incentives to states to increase
        number of adoptions
       What we’re talking about


   Most child abuse comes in the form of neglect.
   Neglect is sinister; the damage is below the
    surface.
   Other abuse is more obvious, but the public is
    shielded from it -- that may be part of the
    problem.
   The next slide contains gruesome images of
    infant abuse victims.
   I’ll show them for a second, then move on.
    Avert your eyes ...
What we’re talking about
           The Hazards of Neglect
   Early, frequent, and intense stress tunes the brain
    to set stress regulation mechanisms at high
    levels. This often results in a child operating in a
    persisting fear state.

   Under Stress, the Brain
       loses ability to take in subtle clues
       reverts to “tried & true” behaviors
       becomes more automatic & over reactive
       is less able to use “higher order” thinking skills
       loses some memory capacity
Many Bad Adult Outcomes are associated
 with Child Abuse and Neglect (Putnam, 2002)


Child Maltreatment is the Greatest Risk Factor for
    Major Public Health Problems

   Major Psychiatric Illnesses
   Health Risk Behavior (organic diseases later in life )
   Alcohol and Substance Abuse in Women
   Crime and Violence in Women
   HIV High Risk Behaviors in Adolescents
      Childhood Trauma and Adult
               Outcome

   almost all criminal justice population (US)
   almost 50% arrested for nontraffic-related
    offenses by the age of 32
   75% of perpetrators of child sexual abuse
    report to have been sexually abused
                      (Teplin, 2002; Widom, 1996)
   Why Does Childhood Maltreatment Exert
          Such Powerful Effects?


     It occurs during sensitive developmental periods
      (e.g., Synaptogenesis, Experience-dependent
      Maturation of Neuronal Systems)
     It impacts on fundamental developmental
      processes (e.g., Attachment, Emotional
      Regulation, Impulse Control, Integration of Self,
      Socialization)

F. W. Putnam, Mayerson Center for Safe & Healthy Children, Cincinnati Children’s Hospital
                          Stevie L.
   Both parents mentally ill
   Arm broken at age 2, removed by DFCS
   Went to live with relatives
   In and out of Central State
   Inconsistent MH care
       Kicked out of CSB day treatment program
       Only seen by doc for meds
       Meds terribly inconsistent
   Originally refused by MATCH because of alleged MR
    diagnosis
   Referred to Juvenile Court for incidents at psychoed
    center
             What we’re talking about
      CPS agencies took 2.6 million
       reports involving 4.5 million               Child Deaths Attributed to
       children in 2002 in the US.                           Abuse
           There are 73 million kids in    1600
            the US, 4.1 million had an      1400
                                                                                              1373    1390
            asthma attack in 2002.                                                   1306

                                            1200                    1098     1089
                                                             979
      900,000 children are ultimately      1000    935

       found to be victims each year         800
      700,000 receive services              600
      265,000 children are removed          400
       from their homes each year
      Death rate up 60% over 6              200

       years                                   0
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Source: DHHS ACF Children’s Bureau Child Maltreatment 2002
       What we’re talking about
   Georgia takes maltreatment
    reports on about 127,000
    children, finding about
    41,000 victims each year.
   Maltreatment Types:
              US      GA
    Neglect: 59%      78%
    Physical: 19%     16%
    Sexual:   10%     5%
   Neglect is every bit as
    damaging, just more
    degrees of it than other
    types of abuse
   About 60 fatalities per year
            What we’re doing about it
     Executive                       Judicial                  Non-Profit
   Governor’s Office            Council of                 Foster Parents
   Dept. of Human
    Resources (DHR)               Juvenile Court             Treatment Providers
        Division of Family       Judges                         Residential (e.g.
         and Children            Council of Superior             Group Homes)
         Services (DFCS)          Court Judges                   Non-Residential
        Mental Health
        Public Health           Administrative Office          Assessment
   Office of the Child           of the Courts              Abuse Prevention
    Advocate (OCA)               Court Appointed            Family Preservation
   Dept. of Juvenile             Special Advocates
    Justice (DJJ)                                            Advocacy
    Attorney General              (CASA)
                                                            Child Advocacy
   Law Enforcement              Guardians ad Litem          Centers
                                  (GAL)
                                    What we’re doing about it
Child Protective Services (CPS)




                                         Abuse
                                         Report                     Court
                                         (127,000)


                                      Screening




                                                                                         Foster Care
                                         (70,000)
                                                             Assessment
                                    Investigation            Foster Home
                                    Assessments                Services
                                         (24,000)                   (13,000)



                                  Removal       CPS      Reunify           Other
                                   (4,500)     Ongoing    (3,600)       Permanency
                                                                               (1,100)
       How are we doing at this?

   The number of children we
    remove from their families has
    nearly doubled in 5 years
   Georgia 2003:    4.2   per   10K
    Fulton 2003:     5.1   per   10K
    Illinois 1994:   4.5   per   10K
    Illinois 1998:   2.0   per   10K
   The number of children in
    foster care has increased 51%
    in 5 years, from 9,600 to
    14,500
   The DFCS budget has increased
    about 20%, from $860M to $1B
        How are we doing at this?

   We’re removing and returning        Georgia: Children Re-Abused
    children to their families more           within 6 Months
    quickly (78% within 12 months)    10%
                                      9%
   We’re adopting children at                                                                  8.4%
                                      8%
    about the same speed we did
                                      7%
    5 years ago (18% adopted                                                            5.6%
                                      6%
    within 24 months, 37 months                                                4.9%
    median)                           5%
                                                      4.2%    4.2%     4.0%
                                      4%     3.6%
   The 6-month re-abuse rate         3%
    has doubled in 5 years            2%
   The bright side: 5 years ago      1%
    we wouldn’t have known any        0%
    of this!
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            Major Challenges

   Most of our knowledge, laws, and
    responses to child abuse came within the
    last 50 years. They are still embryonic.
   Still, the body of state and federal child
    welfare law is tremendous, complex, and
    often confusing: layer after layer of
    statutes and regulations
The Layers of Federal Law
The Adoption and Safe Families Act of 1997
(a) IN GENERAL- Section 471(a)(15) of the Social Security Act (42 U.S.C. 671(a)(15)) is amended to read as follows:
`(15) provides that--
`(A) in determining reasonable efforts to be made with respect to a child, as described in this paragraph, and in making such reasonable efforts, the child's health and safety shall be the paramount concern;
`(B) except as provided in subparagraph (D), reasonable efforts shall be made to preserve and reunify families--
`(i) prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and
`(ii) to make it possible for a child to safely return to the child's home;
`(C) if continuation of reasonable efforts of the type described in subparagraph (B) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child;
`(D) reasonable efforts of the type described in subparagraph (B) shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that--
`(i) the parent has subjected the child to aggravated circumstances (as defined in State law, which definition may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse);
`(ii) the parent has--
`(I) committed murder (which would have been an offense under section 1111(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another
child of the parent;
`(II) committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United
States) of another child of the parent;
`(III) aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter; or
`(IV) committed a felony assault that results in serious bodily injury to the child or another child of the parent; or
`(iii) the parental rights of the parent to a sibling have been terminated involuntarily;
`(E) if reasonable efforts of the type described in subparagraph (B) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subparagraph (D)--
`(i) a permanency hearing (as described in section 475(5)(C)) shall be held for the child within 30 days after the determination; and
`(ii) reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child; and
`(F) reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subparagraph (B);'.
(b) DEFINITION OF LEGAL GUARDIANSHIP- Section 475 of such Act (42 U.S.C. 675) is amended by adding at the end the following:
`(7) The term `legal guardianship' means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following
parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decisionmaking. The term `legal guardian' means the caretaker in such a relationship.'.
(c) CONFORMING AMENDMENT- Section 472(a)(1) of such Act (42 U.S.C. 672(a)(1)) is amended by inserting `for a child' before `have been made'.
(d) RULE OF CONSTRUCTION- Part E of title IV of such Act (42 U.S.C. 670-679) is amended by inserting after section 477 the following:
`SEC. 478. RULE OF CONSTRUCTION.
`Nothing in this part shall be construed as precluding State courts from exercising their discretion to protect the health and safety of children in individual cases, including cases other than those described in section
471(a)(15)(D).'.
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended--
(1) in section 422(b)(10)(B)--
(A) in clause (iii)(I), by inserting `safe and' after `where'; and
(B) in clause (iv), by inserting `safely' after `remain'; and
(2) in section 475--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting `safety and' after `discussion of the'; and
(ii) in subparagraph (B)--
(I) by inserting `safe and' after `child receives'; and
(II) by inserting `safe' after `return of the child to his own'; and
(B) in paragraph (5)--
(i) in subparagraph (A), in the matter preceding clause (i), by inserting `a safe setting that is' after `placement in'; and
(ii) in subparagraph (B)--
(I) by inserting `the safety of the child,' after `determine'; and
(II) by inserting `and safely maintained in' after `returned to'.
SEC. 103. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.
(
a) REQUIREMENT FOR PROCEEDINGS- Section 475(5) of the Social Security Act (42 U.S.C. 675(5)) is amended--
(1) by striking `and' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and inserting `; and'; and
(3) by adding at the end the following:
`(E) in the case of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has determined a child to be an
abandoned infant (as defined under State law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the
parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child
or to another child of the parent, the State shall file a petition to terminate the parental rights of the child's parents (or, if such a petition has been filed by another party, seek to be joined as a party to the
petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless--
`(i) at the option of the State, the child is being cared for by a relative;
`(ii) a State agency has documented in the case plan (which shall be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the
child; or
`(iii) the State has not provided to the family of the child, consistent with the time period in the State case plan, such services as the State deems necessary for the safe return of the child to the child's
home, if reasonable efforts of the type described in section 471(a)(15)(B)(ii) are required to be made with respect to the child.'.
(b) DETERMINATION OF BEGINNING OF FOSTER CARE- Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as amended by subsection (a), is amended--
(1) by striking `and' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and inserting `; and'; and
(3) by adding at the end the following:
`(F) a child shall be considered to have entered foster care on the earlier of--
`(i) the date of the first judicial finding that the child has been subjected to child abuse or neglect; or
`(ii) the date that is 60 days after the date on which the child is removed from the home.'.
(c) TRANSITION RULES-
(1) NEW FOSTER CHILDREN- In the case of a child who enters foster care (within the meaning of section 475(5)(F) of the Social Security Act) under the responsibility of a State after the date of the
enactment of this Act--
(A) if the State comes into compliance with the amendments made by subsection (a) of this section before the child has been in such foster care for 15 of the most recent 22 months, the State shall
comply with section 475(5)(E) of the Social Security Act with respect to the child when the child has been in such foster care for 15 of the most recent 22 months; and
(B) if the State comes into such compliance after the child has been in such foster care for 15 of the most recent 22 months, the State shall comply with such section 475(5)(E) with respect to the child
not later than 3 months after the end of the first regular session of the State legislature that begins after such date of enactment.
(2) CURRENT FOSTER CHILDREN- In the case of children in foster care under the responsibility of the State on the date of the enactment of this Act, the State shall--
(A) not later than 6 months after the end of the first regular session of the State legislature that begins after such date of enactment, comply with section 475(5)(E) of the Social Security Act with respect
to not less than 1/3 of such children as the State shall select, giving priority to children for whom the permanency plan (within the meaning of part E of title IV of the Social Security Act) is adoption
and children who have been in foster care for the greatest length of time;
(B) not later than 12 months after the end of such first regular session, comply with such section 475(5)(E) with respect to not less than 2/3 of such children as the State shall select; and
(C) not later than 18 months after the end of such first regular session, comply with such section 475(5)(E) with respect to all of such children.
(3) TREATMENT OF 2-YEAR LEGISLATIVE SESSIONS- For purposes of this subsection, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
(4) REQUIREMENTS TREATED AS STATE PLAN REQUIREMENTS- For purposes of part E of title IV of the Social Security Act, the requirements of this subsection shall be treated as State plan
requirements imposed by section 471(a) of such Act.
(d) RULE OF CONSTRUCTION- Nothing in this section or in part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.), as amended by this Act, shall be construed as precluding State courts
or State agencies from initiating the termination of parental rights for reasons other than, or for timelines earlier than, those specified in part E of title IV of such Act, when such actions are determined
to be in the best interests of the child, including cases where the child has experienced multiple foster care placements of varying durations.
SEC. 104. NOTICE OF REVIEWS AND HEARINGS; OPPORTUNITY TO BE HEARD.
Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as amended by section 103, is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and inserting `; and'; and
(3) by adding at the end the following:
`(G) the foster parents (if any) of a child and any preadoptive parent or relative providing care for the child are provided with notice of, and an opportunity to be heard in, any review or hearing to be
held with respect to the child, except that this subparagraph shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a
review or hearing solely on the basis of such notice and opportunity to be heard.'.
SEC. 105. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE SERVICES.
Section 453 of the Social Security Act (42 U.S.C. 653) is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A), by inserting `or making or enforcing child custody or visitation orders,' after `obligations,'; and
(B) in subparagraph (A)--
(i) by striking `or' at the end of clause (ii);
(ii) by striking the comma at the end of clause (iii) and inserting `; or'; and
(iii) by inserting after clause (iii) the following:
`(iv) who has or may have parental rights with respect to a child,'; and
(2) in subsection (c)--
(A) by striking the period at the end of paragraph (3) and inserting `; and'; and
(B) by adding at the end the following:
`(4) a State agency that is administering a program operated under a State plan under subpart 1 of part B, or a State plan approved under subpart 2 of part B or under part E.'.
SEC. 106. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND ADOPTIVE PARENTS.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking `and' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and inserting `; and'; and
(3) by adding at the end the following:
`(20)(A) unless an election provided for in subparagraph (B) is made with respect to the State, provides procedures for criminal records checks for any prospective foster or adoptive
parent before the foster or adoptive parent may be finally approved for placement of a child on whose behalf foster care maintenance payments or adoption assistance payments are to be
made under the State plan under this part, including procedures requiring that--
`(i) in any case in which a record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a
crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, if a State finds that a court of competent jurisdiction has
determined that the felony was committed at any time, such final approval shall not be granted; and
`(ii) in any case in which a record check reveals a felony conviction for physical assault, battery, or a drug-related offense, if a State finds that a court of competent jurisdiction has
determined that the felony was committed within the past 5 years, such final approval shall not be granted; and
`(B) subparagraph (A) shall not apply to a State plan if the Governor of the State has notified the Secretary in writing that the State has elected to make subparagraph (A) inapplicable to
the State, or if the State legislature, by law, has elected to make subparagraph (A) inapplicable to the State.'.
SEC. 107. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION OF A PERMANENT HOME.
Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is amended--
(1) in the last sentence--
(A) by striking `the case plan must also include'; and
(B) by redesignating such sentence as subparagraph (D) and indenting appropriately; and
(2) by adding at the end the following:
`(E) In the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned
permanent living arrangement, and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include child specific recruitment efforts such as the use of
State, regional, and national adoption exchanges including electronic exchange systems.'.

TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN
SEC. 201. ADOPTION INCENTIVE PAYMENTS.
(a) IN GENERAL- Part E of title IV of the Social Security Act (42 U.S.C. 670-679) is amended by inserting after section 473 the following:
`SEC. 473A. ADOPTION INCENTIVE PAYMENTS.
`(a) GRANT AUTHORITY- Subject to the availability of such amounts as may be provided in advance in appropriations Acts for this purpose, the Secretary shall make a grant to each
State that is an incentive-eligible State for a fiscal year in an amount equal to the adoption incentive payment payable to the State under this section for the fiscal year, which shall be
payable in the immediately succeeding fiscal year.
`(b) INCENTIVE-ELIGIBLE STATE- A State is an incentive-eligible State for a fiscal year if--
`(1) the State has a plan approved under this part for the fiscal year;
`(2) the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year;
`(3) the State is in compliance with subsection (c) for the fiscal year;
`(4) in the case of fiscal years 2001 and 2002, the State provides health insurance coverage to any child with special needs (as determined under section 473(c)) for whom there is in
effect an adoption assistance agreement between a State and an adoptive parent or parents; and
`(5) the fiscal year is any of fiscal years 1998 through 2002.
            Major Challenges

   Attorneys and judges involved in child
    abuse and neglect cases must understand
    not only the law but also medicine, social
    work, psychology, child development, and
    public healthcare finance.
                   Major Points
   We still don’t truly understand the
    answers to these (and many other)
    questions:
       Is it sometimes better to do nothing?
       Is removal worth the trauma of removal?
       What exactly does permanency mean?
       What does it mean to be ―safe‖?
       If the State assumes responsibility for a child,
        how far must it go to ensure that child’s well-
        being?
    Major Challenges




Our courts and agencies charged with
addressing these issues are fragmented,
     divided, and often inefficient
    Specific Challenges: Juvenile Justice

   SB 440
   Designated Felony Act
   Detention of Status Offenders
   Short Term Program
   Budget Issues
    Specific Challenges: Juvenile Justice
   Remove Aggravated Child Molestation and
    Aggravated Sodomy from the List of SB 440
    Offenses
       1994-2006, approximately 100 children in Dekalb
        County charged as adults with aggravated child
        molestation.
       88% of those children’s cases were either no-billed by
        the grand jury or prosecuted in juvenile court.
       BUT in the interim many of them sat without services
        in the RYDC
    Specific Challenges: Juvenile Justice

   Modify the Designated Felony Act
       Reduce the number of crimes
       Make the ages uniform
       Give the Judges more discretion than simply
        1-5 years.
   Look possibly at blended sentencing
Secure Commitment Placements
  YDC Commitment Types


  90%

                                              Average Length of Stay
  80%
                                              700 – 800 days
  70%

  60%

  50%
                  Average Length of Stay
  40%
                  300 - 400 days
  30%

  20%

  10%

   0%
           FY00              FY01           FY02               FY03          FY04          FY05

                    Commitment             Designated Felon            Superior Court Commitment




OFFICE OF PLANNING 2006 BUDGET
        November (), AND
                                                     44
Community-Based Services
                                                                                                 Program: Community Non-Secure
    Program Cost Comparisons (Per Youth-Per Day)                                                          Services




         Secure Facility Confinement                                                                                        $186

         Electronic Monitoring (Radio)         $6


      Electronic Monitoring (Satellite)             $16


       Intensive Supervision Program                       $38


                  Weekend Sanctions                             $45
                                                                                                              Community
                                                                                                              Services
                    Tracking Services                             $50


              Multi-Systemic Therapy                                  $53


   Family Based Intervention Services                                 $55


                 Wilderness Program                                                             $121

                                          $0        $20   $40          $60       $80   $100   $120     $140   $160   $180      $200


                                          Average community placement per day cost = $14

OFFICE OF PLANNING 2006 BUDGET
        November (), AND
                                                                            45
    Specific Challenges: Juvenile Justice

   Make the Status Offender Rules Consistent
    With Federal Law
   www.childwelfare.net
   Problem: We don’t have the data from
    the independent courts, so we can’t tell
    how we’re doing.
Specific Challenges: Deprivation
   Medicaid Unbundling
   Child and Family Services Review
    Major Challenges: Deprivation
   Medicaid Unbundling
       Separation of Room, Board, and Watchful
        Oversight from Behavioral Services
          A confusing process involving too many agencies
           with no clear lines of reporting or authority
          Except for six PRTFs, residential providers have
           been required to physically separate residential
           services from behavioral services
          Many can’t afford the expense, are going out of
           the business
                                          DCH tells DHR that CMS
     DHR tells residential
                                           Is requiring unbundling
      Provider how to
    Implement unbundling
                                               APS disagrees with
                                                    DFCS
                  DFCS second-
                                                 APS Healthcare
                   guesses APS
                                                  Determines
  DFCS/DJJ                Residential               Needed
Determine level            Provider                Therapy
  Of RBWO                 Takes child
                    DFCS second-guesses ORS
                                                   ORS licenses
                    Core Provider determines        Residential
                        child needs care             provider
Specific Challenges: Deprivation
   Child and Family Services Review
       Safety Outcomes
           Are children free of abuse and neglect?
                Timeliness of investigations, repeat maltreatment
           Are children maintained safely in their homes
            where possible?
                Services to prevent removal, assessing risk of harm to
                 child
Specific Challenges: Deprivation
   Child and Family Services Review
       Permanency Outcomes
           Children have permanency and stability in their
            living situations
                Timeliness and permanency of reunification, timelineness
                 of adoptions, permanency for children in foster care for
                 extended time periods, placement stability
           Continuity of family relationships and connections
            is preserved for children
                Proximity of placement, visitation with family and siblings
Specific Challenges: Deprivation
   Child and Family Services Review
       Well-being Outcomes
            Families have enhanced capacity to provide for
             their children’s needs
                 Needs of family met, involvement of family in case
                  planning, worker visits with parents and children
          Children receive appropriate educational services
          Children receive adequate mental and physical
           health services
       Also systemic factors: case reviews, SACWIS,
        training, etc.
Specific Challenges: Deprivation
   Child and Family Services Review
       Positives:
          Low rates of foster care re-entry
          Low repeat maltreatment

          Visits between children and families

          Placing children together

          Meeting physical health needs of children
Specific Challenges: Deprivation
   Child and Family Services Review
       Negatives:
          Met none of the federal standards for the
           composite outcomes
          Assessing risk

          Permanency – timeliness

          Insufficient efforts to engage fathers

          Insufficient visitation among siblings placed apart

          Adequate handling of cases of older youth,
           especially in terms of appropriate placements
  Specific Challenges: Deprivation
                            Top Three Issues
1.    The permanency choices of Adoption and APPLA (aging out and long
term foster care)...making sure that any child over 14 has access to the great
services provided by GA-the report says that youth are receiving the services
gave them high marks, but we have an access problem. Judges can help with
that.

      -Remember, GA MET the federal standard on reunification and
placement with a relative (represents 70% of the children coming thru our
child welfare system according to the AFCARs data) which is great news.

2.     Meaningful involvement of family members on every level from
visitation, to case planning, to relationships, to family team meetings

 3. Well-being of children in foster care (although the children in care fared
better on these #s than the children in CPS cases). Think about what could
be done from the bench to ensure that children get their health and
educational needs met.
             Opportunities

   Community-based care
   Guardianship improvements
   Improving representation
   Revamping payment systems
   Obtaining data
             Promising Practices
   KidsNet – System of Care
       http://www.systemsofcare.samhsa.gov
   SafeCare
       Dr. John Lutzker, Marcus Institute
       http://www.marcus.org/clinical/child_well.html
   Family-Centered Practice
   Bottom line: Go to the families; don’t make
    the families come to you.

								
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